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Fraud in the governmentcontracting process costs taxpayers untold dollars each year,” said U.S. We will continue to work with our federal law enforcement partners to investigate and pursue those who commit governmentcontracting fraud.” Attorney Prim F. Escalona for the Northern District of Alabama. “We
When the Office of Federal Procurement Policy launched its Better Contracting Initiative in November 2023, leaders promised this time would be different when it came to developing enterprisewide software licenses. Over two days, the group collaboratively concentrated the original list of terms and price reduction concepts down to 24.
The case was initiated when Lori Morsell, who administered the contract at issue for Symantec, filed a qui tam whistleblower suit alleging the fraud. Under the False Claims Act’s qui tam provisions, individuals may file lawsuits alleging governmentcontracting fraud on behalf of the United States.
Welcome back to the Cost Corner, where we provide practical insight into the complex cost and pricing requirements that apply to Government Contractors. We just completed two articles on the Truth in Negotiations Act (TINA) [1] and, before that, two articles on Defense Contract Audit Agency (DCAA) audits.
Here are some key points from this year: (1) the key effectiveness metric, showing numbers of sustains and corrective actions at GAO, was up even higher to 57% for the 2023 fiscal year and (2) total bid protest numbers are up slightly, reversing a downward trend in total protest numbers from the last few years. Call us at 785-200-8919.
Here are some key points from this year: (1) the key effectiveness metric, showing numbers of sustains and corrective actions at GAO, was similar to prior years at 52% for the 2024 fiscal year and (2) total bid protest numbers were down slightly from 2023 but a little above the number for 2022. Cases and protests are down from FY 2023.
Welcome back to the Cost Corner, where we provide practical insight into the complex cost and pricing requirements that apply to Government contractors. The September 2023 Cost Corner concluded a three-part series on TINA. which applies to contracts with commercial organizations.
Discover how to navigate the process and secure governmentcontracts for your business. Key Takeaways Bidding on governmentcontracts presents significant growth opportunities for businesses, especially small enterprises, with substantial revenue and credibility benefits. Why Bid on Government Jobs?
This is essentially Federal GovernmentContracting 101 and applies to any type of solicitation. 2023 CPD ¶ 262 (Comp. West submitted the lowest price, and the agency found its search engine to be technically acceptable, meeting all the requirements that the LexisNexis product offers. In RELX, Inc.,
In federal governmentcontracting news this week, be sure to check out the stories about the new sustainability rules (and our recent blog ), as well as new legislation on solicitation language and buying technology. It’s wonderful weather for all those recently planted gardens, however, as long as the storms aren’t bad!
and its subsidiaries will pay $5 million to settle charges that they violated the False Claims Act (FCA) “by falsely overstating cost or pricing data included in a subcontract proposal for work under a contract with the U.S. government. Department of the Army.” Attorney Dawn N.
FAR 52.214-16, Minimum Bid acceptance Period: the contracting officer inserts a time period in that clause, similar to Form 33 above; or A time period set forth somewhere else in the text of the solicitation. The purpose of the extension is to freeze prices while the agency makes its selection, or takes other action.
Jury ● The United States Department of Justice (“DOJ”) recently announced its statistics for False Claims Act (“FCA”) FY 2023 settlements and judgments. billion in FY 2023; as usual, the majority of these recoveries (nearly 70 percent, or $1.8B) came from the healthcare industry. DOJ recovered $2.68
27] “He noted that in early 2023 this model suggested only a 12% chance of a recession[.]” [28] Other Negative Indicators On top of the foregoing, some negative indicators are sprouting. For consumers, “[c]redit card delinquencies surged more than 50% in 2023 as total consumer debt swelled to $17.5 billion from $11.2 billion.” [37]
With GAO’s statistics for Fiscal Year 2023 (“FY 23”) just released, we thought now is the perfect time to share some insights we gained by reading every published decision in which GAO sustained a protest during FY 23. Just looking at the numbers, between 2019 and 2023, the protester lost between 69% to 87% of the merits based decisions.
Welcome back to the Cost Corner, where we provide practical insight into the complex cost and pricing requirements that apply to Government contractors. The current topic is Federal Acquisition Regulation (FAR) Cost Principles applicable to contracts with commercial organizations. DCAA, DCAM ¶ 6-413.1.c. 18] See FAR 31.205-6. [19]
Cybersecurity is a big deal in governmentcontracting. It’s a program created by the Department of Defense (DoD) to make sure companies working with the government are keeping their data safe. The better your grade, the more secure you are, and the more likely you are to win governmentcontracts.
The Government Accountability Office (“GAO”) released its annual bid protest report to the Congress for fiscal year 2023 on October 26, 2023 (B-158766). The GAO sustain rate increased substantially from 13 percent in FY 2022 to 31 percent in FY 2023. GAO’s two year average sustain rate in FY 2022-2023 was 22 percent.
The Coalition for Government Procurement is thrilled to announce the 2023 recipients of the Excellence in Partnership (EIP) Awards! The recipients of the 2023 EIP Awards demonstrated exemplary dedication, expertise, and commitment to advancing the partnership between government and industry.
The following is an installment in Crowell & Moring’s 2023 Bid Protest Sustain of the Month Series. All through 2023, Crowell’s GovernmentContracts Practice will keep you up to date with a summary of the most notable bid protest sustain decision each month.
SBA’s proposed rule would change HUBZone protests appeals, principal office requirements (which we did discuss a bit before here ), HUBZone map concepts, and the HUBZone price evaluation preference (PEP). PEP (Price Evaluation Preference) Finally, we look at proposed changes to the HUBZone PEP. 126.800. .” Email us here.
In a decision issued on November 1, 2023, Vertex Aerospace, LLC , the GAO sustained a protest challenging the agency’s evaluation of Vertex Aerospace, LLC’s (“Vertex”) past performance and the agency’s best value tradeoff decision. [1] 2] This procurement utilized a lowest priced technically acceptable source selection methodology.
SIZ-6246, 2023 (Sept. 26, 2023), OHA reviewed an award to Federal Performance Management Solutions, LLC, a joint venture (the JV) between a small business and its approved large business mentor. Looking for the latest governmentcontracting legal news? In Federal Performance Management Solutions, LLC , SBA No.
VSBC-334, 2023 (Feb. And DLA announced the award to BTNG on December 6, 2023. In its proposal, BTNG offered a fixed unit price of $330 per unit and represented to DLA that it was a WOSB concern and an SDVOSB concern. In Mckenna Brytan Indus. LLC , SBA No. 8, 2024) , the U.S. 134.1003(e)(1).” 128.401(a).
The Government Accountability Office (“GAO”) recently considered an award where the awardee had performed part of a past performance reference and agreed with the agency that it demonstrated the awardee’s capability. LPE Strategy, LLC, Be-427723.2,3, October 16, 2023 (considering a partially performed contract for past performance).
On October 26, 2023, the U.S. Government Accountability Office (GAO) released its Annual Report on Bid Protests for Fiscal Year 2023. appeared first on GovernmentContracts Legal Forum. The post GAO’s Bid Protest Sustain Rate Soars, but Is There a Catch? View the full article
This is a proposed rule and comments close December 4, 2023. This rule goes into effect on November 06, 2023. Looking for the latest governmentcontracting legal news? The post FAR Updates: Size Protests for Orders, Rules for 8(a) Follow-On Contracts first appeared on SmallGovCon - GovernmentContracts Law Blog.
Size Appeal Fast forward to July 2023, when Forward Slope filed the appeal at issue here. However, contracting officers are also permitted to request recertification of size, if desired, at the time of the task order offer. In this situation, the contracting officer never requested recertification.
A recent decision in SBA Contracting, LLC , ASBCA No. 3, 2023) provides an important reminder for government contractors to carefully consider the volatility of market conditions before submitting firm-fixed pricecontract proposals to the Federal Government. The U.S. 63320 (Oct.
19, 2023, the Government Accountability Office (“GAO”) held that the Army Corps of Engineers (“Corps”) had made an impermissible conversion to competitive proposals (negotiated procurement) and sustained a protest. However, the bid exceeded the Independent Government Estimate (“IGE”) of $46.6 LLC, B-421676.4,
An Illinois federal jury cleared SuperValu of liability Tuesday on whistleblower claims that it billed the government higher-than-customary prices for millions of prescriptions, marking the end to an important test of a 2023 U.S. Supreme Court ruling reviving the case.
A recent decision by the Civilian Board of Contract Appeals (“Board”) demonstrates how careful and definitive a contractor must be (and, of course, an agency must be) in order to incorporate material by reference in a governmentcontract. For other helpful suggestions on governmentcontracting, visit: Richard D.
A recent case at the Postal Service Board of Contract Appeals demonstrates that the government’s failure to prove these costs will result in no recovery. 6856, March 21, 2023. Angela Pugliese had a contract with the USPS to deliver and collect mail along a route in Alaska. Angela Pugliese v.
On May 30, 2024, the Department of Defense (DoD) issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section 803 of the 2023 National Defense Authorization Act, which modified 10 U.S.C. View the full article
In a previous article , we analyzed what made protests successful at the Government Accountability Office (“GAO”) in Fiscal Year 2023 (“FY23”). The protester’s spreadsheets were off by 30 hours, which resulted in a price difference of 0.063%. The Court agreed that the terms of the solicitation violated the SBA regulations.
28, 2023 , the protester, Armstrong, (who was the low offeror) failed to write an adequate proposal that included all required information. The award was to be made on a best-value tradeoff with two factors—past performance (significantly more important) and price (less important. In Armstrong Elevator Co., B-422123, Dec.
In Better Direct, LLC, B-419893.27, July 5, 2023, an offeror’s proposal was eliminated from consideration because it included only an incomplete attachment that was required by the solicitation. The post Incomplete Attachment in Proposal appeared first on Public Contracting Institute - GovernmentContracts Training.
However, it is clear that a BPA alone is not a contract, and any BPA must comply with contract terms, including the entire term of the contract. B-433434, June 17, 2023. Lieberman, Consultant For other helpful suggestions on governmentcontracting, visit: Richard D. Diltex, Inc.,
6253, May 1, 2023 (hereinafter referred to as “CSG”). Based on two theories, failure to make progress and failure to deliver on time, the Navy terminated the contract for default. 20, 2020 Navy response to CSG show cause response and acknowledged that there had been some government delays. 1 , ASBCA No.
In Better Direct, LLC, B-419893.27, July 5, 2023, an offeror’s proposal was eliminated from consideration because it included only an incomplete attachment that was required by the solicitation. The post Incomplete Attachment in Proposal appeared first on Public Contracting Institute - GovernmentContracts Training.
This year’s tables include: November 20: GSA MAS PMO GSA Pricing Tools Medical/Surgical Supply BPAs SAM.gov PMO VA Federal Supply Schedule (FSS) November 21: VA FSS View the agendas for more details. ASPR reports that in 2023, healthcare organizations saw a 128 percent increase in ransomware attacks. Thank You Sponsors !
Notice to all Government Contractors If you have a SCA-Covered contract, this message relates to you. The Department of Labor announced that effective June 27, 2023, the Health and Welfare Fringe Benefit Rates have increased for those Service Contract Act wage determinations. per hour, or $199.20 per week, or $863.20
Her passion for helping others understand governmentcontracting led her to join forces with data scientist Marcelo Blanco and establish B2Gov. Identifying what’s valuable The unit price in a procurement procedure is the fundamental variable that B2Gov always strives to provide their clients.
A recent decision confirms that in a source selection, the Government Accountability Office (“GAO”) saw nothing unreasonable in giving credit to an offeror that exceeded the solicitation requirements but could provide value to the agency during contract performance. May 11, 2023. Awardee’s evaluated price was $64.98
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